Maryland: no debt-buyer lawsuit without the documents
Md. Code, Cts. & Jud. Proc. § 5-1203
In plain words
In Maryland a debt buyer may not file a consumer debt lawsuit unless it already has proof the debt exists, the account terms (with a narrow card exception), and proof of ownership including every prior owner. Unless the case ends by judgment on affidavit, the court cannot rule for the debt buyer without that evidence. Suits after the limitations period are barred and a later payment does not revive the debt.
Who is protected
Maryland consumers sued or threatened with suit by a debt buyer.
When it applies
- Only in Maryland.
- Only if a debt collector is involved.
What you can do
Ask the debt buyer for the documents your state requires
The Credit Health tool drafts a request that cites your state's law. If you are sued, raise the missing documents in your answer — and contact legal aid.
Open the tool
Honest limits
- These rules test the debt buyer's paperwork; they do not erase a debt you owe.
The law
- State lawDebt buyer documentation
Md. Code, Cts. & Jud. Proc. § 5-1203
What it says: Documents a debt buyer must possess before suing and introduce to win.
Read the official texthttps://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj§ion=5-1203&enactments=false - State lawNo time-barred consumer debt suits; no revival
Md. Code, Cts. & Jud. Proc. § 5-1202
What it says: No suit after the limitations period; later payment or affirmation does not revive it.
Read the official texthttps://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj§ion=5-1202&enactments=false
Court cases
- Homeowner wonSame topicJerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)
the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires
- Homeowner wonSame topicKaltenbach v. Richards
Kaltenbach v. Richards, 464 F.3d 524 (5th Cir. 2006)
a person who meets the FDCPA's general definition of debt collector is subject to the whole Act even while enforcing a security interest
- Homeowner wonSame topicHeintz v. Jenkins
Heintz v. Jenkins, 514 U.S. 291 (1995)
the FDCPA applies to lawyers who regularly collect consumer debts, even through litigation
- Homeowner lostSame topicObduskey v. McCarthy & Holthus LLP
Obduskey v. McCarthy & Holthus LLP, 586 U.S. 466 (2019)
a business engaged only in non-judicial foreclosure is not a debt collector under the FDCPA, apart from the provision barring threats to take property without a present right
- Homeowner lostSame topicMidland Funding, LLC v. Johnson
Midland Funding, LLC v. Johnson, 581 U.S. 224 (2017)
filing an obviously time-barred proof of claim in bankruptcy does not violate the FDCPA
Related rights
Maryland: time limit to sue on a consumer debt
Md. Code, Cts. & Jud. Proc. §§ 5-101, 5-1202
In Maryland, a creditor generally has 3 years to sue. A payment or promise made after the period has run does not revive or extend it (§ 5-1202(b)). After the period runs, a debt collector may not sue or threaten to sue (Reg F § 1006.26(b)).
Read this rightAfter a discharge, creditors cannot collect the wiped-out debt from you
11 U.S.C. § 524(a)(2)
A bankruptcy discharge wipes out your personal liability for most debts in the case. After that, the law forbids creditors from suing, calling or otherwise trying to collect a discharged debt from you personally. A court can hold a creditor in contempt if there was no fair doubt that its conduct was barred.
Read this rightA collection or charge-off must carry its real delinquency date
15 U.S.C. § 1681s-2(a)(5)(A)
A company that reports an account placed for collection or charged off must tell the credit bureau the month and year the delinquency began, within 90 days. That date sets when the item must come off your report, and it does not change when the debt is sold.
Read this rightMake the company that reported the error investigate it
15 U.S.C. § 1681s-2(b)(1)
The company that reported the information — such as your servicer — must investigate when a credit bureau passes along your dispute, and fix what is wrong with every bureau. In many cases you can also dispute directly with that company, which must then investigate and report back to you.
Read this rightMost negative items must come off after 7 years
15 U.S.C. § 1681c(a)(a)(1), (4), (5)
Credit bureaus may not report collection accounts, charge-offs and most other negative items that are more than 7 years old. For a collection or charge-off, the 7 years start 180 days after the delinquency that led to it began — so, about 7½ years from the first missed payment that was never brought current. Paying, settling or re-selling the debt does not restart this clock. Bankruptcies can be reported for 10 years.
Read this rightTell a debt collector to stop contacting you
15 U.S.C. § 1692c(c)
If you tell a debt collector in writing that you refuse to pay or want it to stop contacting you, it must stop. After that, it may only contact you to say it is ending its efforts or to tell you about a specific step it or the creditor may take, such as a lawsuit.
Read this right